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declaratory judgment seeking adjudication of Mr. Norton’s fishing
rights.
The complaint sought the following monetary relief:
a. Compensatory damages for dispossession and/or
conversion in excess of one hundred one thousand dollars
($101,000) to be determined more precisely at trial,
and/or provision for a like occasion, period and
opportunity to harvest fish from a herring biomass of
similar size.
b. In the alternative, compensatory damages for
negligence in excess of one hundred one thousand dollars
($101,000) to be determined more precisely at trial.
c. Punitive damages of one thousand dollars
($1,000).
d. Compensatory damages for deprivation of civil
rights in excess of two hundred seventy thousand dollars
($270,000) to be determined more precisely at trial.
* * * * * * *
f. Costs, attorneys’ fees, prejudgment and
postjudgment interest where appropriate, related actual
expenses and any other relief in law or equity to which
the plaintiff may be shown to be entitled.
In addition, the complaint sought a judicial determination that Mr.
Norton’s June 7, 1986, catch of herring was a “landed” catch for
purposes of obtaining points awarded by the commission.
On December 22, 1992, the parties reached a tentative
agreement to resolve the Harman lawsuit. The release agreement,
dated January 8, 1993, provided in relevant part:
FOR AND IN CONSIDERATION of the sum of FORTY FIVE
THOUSAND AND NO/100 DOLLARS ($45,000.00), and other good
and valuable consideration, the receipt of which is
hereby acknowledged, the undersigned, DAVID C. NORTON *
* * does hereby release and forever discharge the STATE
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